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The Courts Government Censorship The Internet News

Court Says You Can Copyright a Cease-And-Desist Letter 349

TechDirt has a follow up to a case they covered back in October where a law firm was trying to claim a copyright on the cease-and-desist letters they sent out. Public Citizen poked a number of holes in this claim and invited the lawyers to "try it." Well, unfortunately the lawyers decided to bite and what's more, they actually got a judge to buy it. The news was announced by the victorious lawyer who now claims he can sue anytime someone posts one of his cease-and-desist letters. "The copyrighting of cease-and-desist letters is an easy way for law firms to bully small companies who have committed no wrong, but who have no real recourse to fight back against an attempt to shut them up via legal threat. Until today, many companies who were being unfairly attacked by companies and law firms misusing cease-and-desist letters to prevent opinions from being stated, had a reasonable recourse to such attacks, and could draw attention to law firms that used such bullying tactics to mute any criticism."
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Court Says You Can Copyright a Cease-And-Desist Letter

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  • yes (Score:-1, Funny)

    by doyoulikegoatseeee ( 930088 ) on Saturday January 26, 2008 @07:41AM (#22192308)
    but can you copyright...FIRST POST
  • Re:yes (Score:5, Funny)

    by dreamchaser ( 49529 ) on Saturday January 26, 2008 @07:49AM (#22192340) Homepage Journal
    You will both be hearing from my legal team, as I have in fact already copyrighted both first and second posts. Oddly enough, we skipped 3 and went straight to 5.
  • by Gordonjcp ( 186804 ) on Saturday January 26, 2008 @07:50AM (#22192348) Homepage
    ... can you copyright a gallon of petrol through the law firm's letterbox?
  • by Anonymous Coward on Saturday January 26, 2008 @08:19AM (#22192452)
    Mod parent +1 Inciteful.
  • by smittyoneeach ( 243267 ) * on Saturday January 26, 2008 @08:36AM (#22192514) Homepage Journal
    Dude, when I get my patent on the Roman alphabet approved, you guys are so baked.
  • by ThePilgrim ( 456341 ) on Saturday January 26, 2008 @08:52AM (#22192576) Homepage
    Sir,

    I represent Infinite monkeys Inc. As you may be aware our company has bean attempting to recreate the complete Works of Shakespeare.Unfortunately we are still several melenia away from the conclusion of this project.

    However our research has turned up all variations on Cease-and-Desist letters. And therefor we claim copyright on all such works.

    Yours

    Lord High Peanut Counter
  • by budgenator ( 254554 ) on Saturday January 26, 2008 @08:53AM (#22192582) Journal
    Now that would be interesting,
    1. get copies of the lawyers boilerplate
    2. insert your business/personal name address instead of Dozier Internet Law ect.
    3. Register with Copyright office
    4. every time they send you a C&D letter, you send one back
  • A Review (Score:5, Funny)

    by Anonymous Coward on Saturday January 26, 2008 @08:57AM (#22192594)
    As an aficionado and longtime aesthetic critic of the cease-and-desist oeuvre, I have only a few moments to offer my review of this stirring and emotionally riveting form of creative mastery.

    In the work's opening, we are introduced to the main characters, along with two settings (Virginia and Arizona) and a modern time period to help orient the reader. I was particular moved by the bold, overly-large font that portrayed (to your humble reviewer) the confidence and professionalism of our protagonist, especially when contrasted with the smaller left-justified (bravo!) intro that followed (no spoilers here!). The pure wit and joy I experienced by the artist's inclusion of a (purely tongue-in-cheek, I assume) disclaimer that this artistic work is only intended "for negotiation and settlement purposes" is difficult to communicate, but suffice it to say that by the third or fourth paragraph I was dabbing tears of pure joy from my cheeks with a handkerchief. Kudos!

    The backstory that followed was a bit dry for my taste, but it was over quickly and followed by a riveting bulletpointed list of accusations that had me on the edge of my seat.

    My friends, I do not want to spoil any of the chills and surprises that await, but do not pass up on your chance to experience this instant classic-- that is, before it's followed by the inevitable movie version.
  • by cp.tar ( 871488 ) <cp.tar.bz2@gmail.com> on Saturday January 26, 2008 @12:31PM (#22193852) Journal

    Lawyers like to compare themselves to professionals like doctors or nurses - in polls, the public rates lawyers ethics and honesty closer to used-car salesmen, and lawyers have only themselves to blame.

    Funny, that. I was thinking of some other kind of professionals.

    You know, the ones that would do just about anything for money, and if you feel dirty afterwards, well, that's your problem.

    What are they called... prot... prost... ah, yes: politicians.

  • by goombah99 ( 560566 ) on Saturday January 26, 2008 @12:58PM (#22194038)
    Don't worry, I have a patent on "method for the prevention of public disclosure of cease and desist letters" in which I describe the use of copyright notices on said letters. I am issuing a cease and desist letter to this lawyer, who is infringing on my patent. The only reason you have not heard of this latest development is that my cease and desist order to him was copyrighted.
  • by dffuller ( 200455 ) on Saturday January 26, 2008 @02:47PM (#22194816)
    Oh, I thought you were going to say software consultants.
  • by Anonymous Coward on Saturday January 26, 2008 @07:14PM (#22196494)
    Dear Attorney,

    Thank you for submitting your creative work entitled "Cease and Desist Letter". Unfortunately, at this time we are not accepting submissions without appropriate literary representation.

    For this reason your letter is being returned, unread. If in some future you have acquired the services of a literary agent, please have him or her contact us through appropriate channels so we may consider if we have interest in reviewing your work.

    We apologize for the inconvenience, but as we may be working on a similar project, we are legally obligated to protect our creative work from possible future claims of infringement.

    All the best, and good luck with your writing,

    Me.

Prediction is very difficult, especially of the future. - Niels Bohr

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